Gilmer v. Higley
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OE THE TERRITORY OF MONTA* 4. Action in the nature of an action on the case to recover dam,ages for injuries_ done to the plaintiff by the defendants as' common carriers, through the upsetting of a stage- coach in the Territory of Montana. ' Plea that the plaintiff was not a pas-, senger, but was unlawfully on board the coach, and refused to pay his fare when demanded. '
1Opinion of the CourtJustice Miller
This was an action in the Territorial Court of, Montana, in. Which a judgment was rendered in favor-of defendant in error against the plaintiffs in error for an injury received , by the upsetting of a stage coach used by the latter as common carriers of passehgers.
The plaintiff below founds his action on this contract of carriage, and the negligent manner in which it was performed. He “ alleges that on the day and year last aforesaid, at the said Boulder City, the said defendants received the said plaintiff as a passenger upon their coach, to be carried thence to said town of Helena.”
The…
2Cases cited1 opinion
- Deery v. CraySupreme Court of the United States · 1867
3Cited by58 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- State v. TaylorSupreme Court of Missouri · 1893
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
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